Requirements to All Improvements, Fees & Fines, Definitions Updated November 6, 2024

Here, you'll find information on the following topics:

  • Design Review Committee Review, Approval & Timing
  • Design Review Fees
  • Fee Schedule for Professional Consulting
  • Fines for Non-Approved Installations
  • Blue Stakes
  • Public Utility Easements
  • Swale Drainage Easements
  • Use Easements
  • Definitions

Notice

Remember that the modifications, changes or projects listed below or elsewhere on this site or document are not all-inclusive and that all exterior modifications must be approved before starting work. Even if your project or modification is not listed, approval must be given by the Design Review Committee.

Nothing in this document will be considered an official approval or denial for a design review application. No verbal decisions will be given; decisions are made by the Design Review Committee per the Board of Directors approved process. You will be sent an official letter with the final decision.

Please note that to be added to the Design Review Meeting agenda, your application must be completed as determined by staff and submitted at least one week before the meeting. During periods of high application volume, we cannot guarantee that a completed application will be placed on the next meeting agenda.

Requirements Applicable to All Improvements

Design Committee Review, Approval and Timing

  • All Landscaping and Architectural Modifications must be approved by the Design Review Committee for Daybreak prior to installation to prevent Notice of Violations or violation fines. All modifications installed without prior approval are subject to fines including but not limited to removal at the Committee’s discretion and owner’s expense.
  • Sub Association Approvals: If you live in a townhome or condominium, it is important to note that prior to approval by the Design Review Committee for Daybreak, all Landscaping and architectural modifications are subject to final approval by your Sub Association’s Board of Directors.
  • Applications can be found at the Daybreak Community Association Office at 11248 S. Kestrel Rise Road, Suite 201, and online at www.mydaybreak.com/community
  • Any questions, please contact the Association office at 801-254-8062.
  • A homeowner has up to 1½ years from the time of closing on the home to complete the required landscaping improvement and receive approval from the Design Review Committee.

Design Review Fee

Fees must be paid by check or money order at the time of submittal to the Daybreak Community Association Office.

$250.00 (non-refundable) for major Architectural Modifications

  • Includes but not limited to: All proposed changes, modifications, or additions to exterior structure of the home.
  • Additional fees may be charged for complex architectural modification or landscape applications requiring additional professional review and assistance. *Please see the fee schedule below.

$75.00 (non-refundable) for Major Modifications & $25 for Park Strip Applications

  • Includes but not limited to: Landscaping projects, back yard completion, fences, pergolas, decks, patios, edging, retaining walls, play structures, trampolines, water features, fire pits, light posts, shade structures, flag poles, sheds, sport courts, etc.
  • Repainting of home with new color palette or scheme.

$125.00 (non-refundable) for Variance Requests

  • If more information is needed or if the project presents the need for an exception from the Design guidelines and must be reviewed by the Covenants Committee and the Board of Directors.
  • Fee is due in addition to initial Design Review Fee.

FREE for Minor Modifications (No submittal is required for minor modifications).

  • Enhancements to existing flower beds and lawns consistent with approved guidelines and original materials such as: planting bulbs, planting annuals, fertilization, pruning, replacing bark mulch or ground covers, routine maintenance, railing, adding non-permanent paths within flower beds and replanting or replacing dead plants in existing beds or replacing sod in lawn areas.6 Effective July 2024 - All previous versions are null and void.
  • Non-permanent paths within flower beds and replanting or replacing dead plants in existing beds or replacing sod in lawn areas.
  • Repainting of a home with an identical color palette and scheme.

Fee Schedule for Professional Consulting Assistance for Major Architectural/Landscaping Modifications

  • Project discussion with staff member: Free (see above)
  • Initial application and site plan submission: $250.00
  • 1st Review and meeting with professional design consultant: Additional $500.00 per hour.
  • 2nd additional meeting and review: $750.00
  • 3rd additional meeting and review: $1,000.00
  • After the 3rd meeting and review: Hourly professional consulting fees apply.

After the 3rd meeting: $2500 Escrowed fees (or higher) would be required to cover consultant time, any fees not used would be returned to the homeowner. Additional fees beyond the escrow may be required as the process continues.

Fines for Non-Approved Installations

Installations that have not been previously approved by the DRC may be noticed as a violation, and the owner of the property subjected to a fine by the Association. Owners of properties containing non-approved installations are advised to apply for DRC approval and comply with the terms of such approval before being issued a notice of violation in order to avoid being fined.

Blue Stakes

It is required by law to call Blue Stakes no matter how deep you are digging, since many cables and pipes lie at extremely shallow depths. A copy of the results must accompany your final submission (SM) Call before you dig! Dial 811 from anywhere in Utah, 801-208-2100 in Salt Lake Metro or toll-free at 800-6624111 or submit your request online at www.bluestakes.org.

Public Utility Easements (P.U.E.) - Utah Code 54-3-27

A public utility easement provides utility companies the right to install, maintain, operate, repair, remove, replace, or relocate public utility facilities.

If a property owner places improvements that interfere with the easement rights, the property owner shall bear the risk of loss or damage to those improvements resulting from the utilities needing to be installed, maintained, operated, repaired, removed, replaced or relocated.

When necessary, a copy of the approved change will be required with your Design Change Application.

It is the homeowner’s responsibility to determine PUE applicability to their design review application.

Swale Drainage Easements*

A drainage swale is identified by its shaped and sloped depression in the soil surface that is engineered to convey water run-off to a desired location and cannot be blocked, obscured or covered.

Not all lots have a Swale Drainage Easement. If your lot has a drainage swale, it will be shown on your lot-specific site plan and/or recorded plat that may be provided by the home builder or South Jordan City.

Property owners must provide for the proper maintenance and continued operation of Swale Drainage Easements located on their property so that neighborhood drainage continues to operate as originally planned.

Any questions, please contact the Association Office at 801-254-8062.

Use Easements*

*See closing documents for individual use easement assignments that are lot specific.

Landscape Guidelines

All landscaping and architectural modifications must be approved by the Design Review Committee for Daybreak prior to installation.

Planting Requirements

It is a requirement that plantings are present surrounding the following locations:

  • Foundations
  • Fences
  • Alley/Lane
  • Plants are required to be spaced 3 to 5 feet apart on center. Perennial spacing: 18 inches on center, depending on species type.
  • All planting areas are recommended to contain 8-12 inches of topsoil and 4 inches of either organic bark consistent across the property or rock within park strips only. No synthetic mulch or bark is permitted, as this material does not biodegrade and may cause problems when washed into storm drainage facilities. (No red, black or white rock).

Weed control fabric or pre-emergent weed control is recommended for all planted areas.

It is a requirement that a continuous edge between the plant bed and lawn is present.

Pre-made edging such as composite or steel pre-made edging will be allowed. Shovel-cut edging is the preferred Daybreak edging; however, it must be regularly maintained.

Concrete curbing is allowed in Village 1 only (Founders Park).

Foundation Plantings

A minimum of a 2’ planter bed with foundation plantings is required at the base of houses and garages.

Foundation plant layering

Plantings should reflect a vertical layering effect composed of low, medium and tall plant material. Plant layering must terrace upward as it approaches a structure (house) with the tallest material next to the structure.

For example:

  • Low = lawn and ground covers
  • Medium = perennials and smaller shrubs
  • Tall = foundation shrubs and hedges

Fence Plantings

Must provide a minimum 2-foot-wide foundation planter at the exterior of a privacy fence’s base, except when the exterior planter bed would be located on the property line. Planter bed must include drip irrigation and mulch.

Must provide a minimum 2-foot-wide foundation planter bed at the exterior and interior of the fence base on picket-style fencing. Planter bed must include drip irrigation and natural mulch for picket fences. Rock is allowed only behind a 6’ privacy fence in a 2’ planter bed (No red, black or white rock).

Alley/Lane Plantings

Alley/lane planting zones must be landscaped. These zones are the 2 feet between the rear yard fence and or the alley/lane paving.

Alley/lane planting zones must utilize shrubs and perennials that do not exceed 4 feet in height and are tolerant of salt and snow loads.

Plant minimum size requirements in the alley/lane planting zones are:

  • 1-gallon shrubs
  • 4-inch pots for perennials and ground covers

Side Yard Plantings

Plantings, drip irrigation and natural mulch are required in narrow side yards. (see foundation planting requirements above (no red, black or white rock).

Hardscape & Plantings

Pavers, decomposed granite, flagstone are permissible including planter beds and perennial plant material incorporated into backyard design. See requirements above.

Specific Plant Requirements

All landscaping and architectural modifications must be approved by the Design Review Committee for Daybreak prior to installation.

Lawn

  • Lawn areas must be large enough for practical use and be located no closer than 2 feet from foundations (house and garage) and 2 feet from fences and tree trunks.
  • Lawn areas shall not exceed the greater of 250 square feet, or 35% of the total landscaped area.
  • Artificial turf is not permitted in areas of public view. Please see requirements on mydaybreak.com.
  • Lawn area shall not be less than 8 feet wide at its narrowest point.
  • Small residential lots, which have no back yards, which the total landscaped area is less than 250 square feet, and which the front yard dimensions cannot accommodate the minimum 8 feet wide lawn area requirement of the landscaping requirements are exempt from the 8 feet minimum width lawn area requirement. This will be determined “at the discretion of the Design Review Committee.”

Shrubs

  • Minimum size at installation is 5 gallon; 1 gallon in alley planting zones. Zones must utilize shrubs that do not exceed 4 feet in height and are tolerant of salt and snow loads.
  • Shrub Spacing: varies depending on species type; never more than 5 feet on center.
  • Planting plans are encouraged to have a mix of both evergreen and deciduous plants for year-round visual interest.
  • Starting on September 1, 2021, landscapes are recommended to have enough plant material (perennials and shrubs) to create at least 50% living plant cover at maturity at the ground plane, not including tree canopies
  • Starting January 1, 2022, when grass is not present in a park strip, plant coverage is required to be 80 – 100% at maturity and not obstruct site lines of drivers.

Definitions

  • Annual: Plant that lives only one growing season.
  • Backflow Preventer: It is a Utah State Law to obtain a backflow preventer device and have it inspected annually. A backflow prevention device is used to protect water supplies from contamination or pollution. Many types of backflow prevention systems also have test cocks so that they can be tested or examined to ensure they are functioning properly.
  • Baluster: A short pillar or column, typically decorative in design, in a series supporting a rail or coping.
  • Boulder: A large, rounded mass of rock at least 24 inches in width.
  • Caliper: The diameter (width) of a tree measured at 6 inches above the base or root of the tree.
  • Composite: (wood) I.e.: composite railing is generally made of material such as plastics and very fine wood saw dust, which are mixed and compressed with intense pressure and heat. This must be specific to architectural style, paintable, simulating wood grain and matte in finish.
  • Deciduous: A tree that sheds or loses leaves at the end of the growing season.
  • Door Frame: The entire framework supporting the door, including the sill, jamb and head. This is also known as a door sash.
  • Door Jamb: The interior sides of a door frame—specifically the parts of the frame that hold the mounting hinges on one side and the strike plate for the latch on the other.
  • ET Manager: ET or Evapotranspiration is the amount of water lost from the soil through evaporation plus the plant’s water loss (known as transpiration). The ET Manager detects information every hour and waters the soil when needed.
  • Edger/Header: A continuous edge between lawn and planting bed.
  • Fascia: A wooden board or other flat piece of material such as that covering the ends of rafters.
  • Fallow: Not in use; inactive.
  • Frieze board: A horizontal (or angled when installed on gables) trim board installed flat against the wall and which covers the gap between the top of the siding or brick facade and the soffit.
  • Galvalume: A coated steel.
  • Hollywood Drive: A strip of paving or planting area in the center of the driveway.
  • Impervious: A surface that does not allow water to pass through.
  • Irrigation Controller: A controller that is set to determine when to turn on your sprinkler system.
  • Ogee: A double curve with the shape of an elongated S.
  • Opacity: A degree to which a substance is not transparent or translucent.
  • Perennial: A plant that lives more than one growing season throughout the years.
  • Pergola: An arbor formed of trelliswork supported on columns or posts, over which vines or other plants are trained.
  • Permeate/Permeable: To pass through or into.
  • Pervious: A surface that permits water to pass through.
  • Purlin: A horizontal beam along the length of a roof, resting on a main rafter and supporting the common rafters or boards.
  • Soffit: The underside of an architectural structure such as an arch, a balcony, or overhanging eaves.
  • Terrace: A raised level with a vertical or sloping front or sides faced with masonry, turf, or the like, esp. one of a series of levels rising one above another.
  • Temporary: For these guidelines, temporary is any item(s), visible from public view, and lasting for only a limited period of time, non-permanent, short-term, easily removable and stored when not in use, as to not distract from the aesthetics of the community. (examples: hammocks, toys, bikes, pet fencing or enclosures) These items should be removed by the end of the day when not in use.
  • Trellis: A structure of open latticework, especially one used as a support for vines and other creeping plants.
  • Variance: An official permit granted by the Design Review Committee and the Board of Directors to allow something that is normally not permitted by regulations.
  • Vinyl: A synthetic, plastic or PVC made using synthetic plastics, such as polypropylene, nylon, polythene (polyethylene) or from various recycled plastics.
  • Wainscot: An area of paneling on the lower part of a wall.